Chicago Prenuptial Agreement Lawyer
Prenuptial agreements (a.k.a. "antenuptial agreements") make sure that spouses are in control of their own affairs, instead of letting a court determine their fates. At Lois Kulinsky & Associates, Ltd., we can talk with new clients free of charge about the advantages of prenuptial agreements; our lawyers have helped dozens of people throughout Illinois secure the terms of their marriage. Contact us.
How Iron-Clad Are Prenuptial Agreements?
If drafted properly, the terms of a prenuptial agreement are fully binding. At Lois Kulinsky & Associates, Ltd., our attorneys are aware of the Illinois statutes governing prenuptial agreements.
An agreement can be challenged if a court finds a provision in the agreement is "unconscionable." This typically applies to any terms that are imposed without the knowledge of the other spouse, or were imposed under duress.
It is also possible that the court might find a provision in the prenuptial agreement to be invalid or unconscionable based on current circumstances unknown at the time the agreement was signed. For instance, if a spouse waived maintenance payments in a prenuptial agreement, but became a paraplegic during the marriage, the court may make an exception and require spousal support at the time of the divorce.
Covering Even the Most Complex Circumstances
But such changes are rare, particularly if a prenuptial agreement is well-written. More common are the complex matters that some prenuptial agreements do not anticipate, but we make sure are covered.
For instance, what if one spouse took his or her non-marital (i.e. individual) asset, say a monetary gift in his or her name, and put it in a co-owned house? Should that spouse get the money back in a divorce, and should he or she get interest or appreciation? These are the kinds of complex matters that our prenuptial agreement lawyers take into consideration.
Contact Us
If you have any questions about a prenuptial agreement, our lawyers are available for free initial consultations through our contact page. Our main offices are in Wheeling, but our attorneys also meet with clients in our offices in Libertyville, Lake County.
Serving people throughout Illinois, the Chicago divorce lawyers, estate planning, probate attorneys, and business law advocates of Lois Kulinsky & Associates, Ltd. serve clients in the Chicago metro, Arlington Heights, Buffalo Grove, Mt. Prospect, Prospect Heights, Wheeling, Skokie, Evanston, Lindenhurst, Northbrook, Deerfield, Des Plaines, Glenview, Libertyville, Mundelein, Palatine, Vernon Hills, Grayslake, Gurnee, Rolling Meadows, and Lincolnshire areas and throughout Cook County, DuPage County, Kane County, Lake County and McHenry County, IL.
